9-year-old Israeli girl wounded by stray bullet near Ramallah

The bullet came from the direction of a Palestinian town near Ramallah.

By World Israel News Staff

A 9-year-old Israeli girl was wounded in Kochav Yaakov in Judea and Samaria when she was struck by a stray bullet, according to reports from the military and medical professionals.

The incident occurred while the girl was walking down a street in the community. The bullet came from the direction of a Palestinian town near Ramallah, the military said.

The Magen David Adom ambulance service promptly arrived at the scene and evacuated the girl to Shaare Zedek Hospital in Jerusalem. Paramedics described her situation as moderate, but noted that she remained fully conscious during the evacuation.

Initially, the IDF Home Front Command issued a warning to residents, over concerns of a terrorist infiltration, and advised them to remain indoors. However the alert was lifted shortly afterward, and residents were assured that it was not a security incident. The IDF spokesperson confirmed that security forces promptly began scanning the area following the report of the girl’s injury. They confirmed that no intrusion into the settlement had taken place.

A similar incident occurred in Kochav Yaakov last August when a 13-year-old girl was critically wounded by a stray bullet.

Last November, a 13-year-old girl was badly injured hurt by a stray bullet in the settlement of Kiryat Arba near Hebron.

Also on Friday, in the northern Arab Israeli city of Umm al Fahm, a 5-year-old boy and a 26-year-old man sustained light to moderate injuries from gunfire.

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US Jewish groups take no time in responding to White House antisemitism plan

Reactions are proving mixed; while groups finally have something to see, some are disappointed with the inclusion of a progressive alternative to the widely accepted definition put forth by the International Holocaust Remembrance Alliance.

By JNS

Some of the leading Jewish and Zionist organizations from around the country offered a range of reactions to the new federal antisemitism strategy announced May 25.

CEO of the American Jewish Committee Ted Deutch called it a “historic day” and said that “in adopting this national strategy, the White House has sent a clear, unequivocal message that antisemitism is a problem that affects all of society, not just Jews.”

The Rabbinical Assembly (RA), a global group of Conservative rabbis, described the strategy as “groundbreaking” and “comprehensive.” It stated that the 10 highlighted actions “underscore the multi-faceted approach required to combat antisemitism effectively.”

Agudath Israel of America responded to the plan with praise, saying the initiative “sends a clear message that the United States—in its fundamental values, laws and policies—finds antisemitism an unmitigated evil that is repugnant and intolerable and must be rooted out of the mindset and actions of American society.”

The Republican Jewish Coalition (RJC) disagreed, declaring “deep disappointment.”

CEO Matt Brooks said that U.S. President Joe Biden had “a chance to take a strong stand against antisemitism, and he blew it.” Brooks argued that the plan’s choice to not make the International Holocaust Remembrance Alliance (IHRA)’s working definition of antisemitism the sole one cited in the documentation “seriously weakens” the White House effort.

Hadassah’s national president Rhoda Smolow and CEO Naomi Adler released a statement on the plan, saying “Hadassah thanks the Biden administration for its leadership in gathering input from across the Jewish community and developing a thoughtful, government-wide plan to address the alarming rise in antisemitism nationwide.” The organization praised the adoption of the IHRA antisemitism definition without noting the inclusion of the Nexus Statement.

World Jewish Congress (WJC) president Ronald S. Lauder noted that “the president’s leadership in directing the vast federal government to coordinate and act to protect Jewish Americans is unprecedented and essential in the fight against anti-Jewish hate.” He also thanked the White House for incorporating some of the WJC’s suggestions.

But Lauder also shared the criticism voiced by Brooks. He warned that “the inclusion of a secondary definition in addition to the International Holocaust Remembrance Alliance (IHRA) working definition of antisemitism is an unnecessary distraction from the real work that needs to be done.”

The Zionist Organization of America (ZOA) reiterated that concern, saying the Biden strategy notes other definitions of antisemitism that can mean even more harmful definitions.

On the flip side, the Anti-Defamation League (ADL) tweeted: “We applaud the @POTUS administration, and we are excited to continue to collaborate in the execution of this plan.”

Another tweet notes that the ADL offered more than 30 policy recommendations. It praised the scope of the strategy, saying “we are particularly pleased that this comprehensive strategy includes plans to fight antisemitism across the political spectrum, on college campuses and online.”

Julie Platt, chair of the Jewish Federations of North America, released a statement specifying some of the programs to be implemented as part of the plan. She said it “embraces many of our policy priorities, including funding the Nonprofit Security Grant Program at $360 million, funding for the Jabara-Heyer NO HATE Act and ensuring quality Holocaust education.”

‘Creates a gaping hole’

However, StopAntisemitism shared the RJC’s harsh response and concerns about the lack of focus on the IHRA antisemitism definition. The group described itself as “extremely disturbed by several key aspects of the White House’s antisemitism strategy.” It argued that antisemitism “needs to be addressed clearly, completely and as a phenomenon unto itself,” but that this initiative “falls short on all counts.”

Moreover, the online watchdog group explained what it regards as the problem with not focusing on the IHRA definition. It said the choice “creates a gaping hole; while the plan acknowledges that Jews have been targeted because of their connection to Israel, it fails to name anti-Zionism as a primary form of antisemitism.” It even argued that “Jews will suffer” because of the plan’s failure to provide a clear definition of antisemitism.

Kenneth L. Marcus, founder and chairman of the Louis D. Brandeis Center for Human Rights Under Law, also took a critical view of the plan for not focusing exclusively on the IHRA definition. Of its entirety, he said: “The rhetoric is very strong and the intent is good, but the substance doesn’t always measure up. There is a serious retreat from earlier commitments, and the implementation could be seriously flawed and rendered ineffective if this plan opens the door to using any definition of antisemitism other than IHRA.”

Christians United for Israel (CUFI) was skeptical for the same reason. Sandra Parker, CUFI’s Action Fund chairwoman, said “inclusion of a competing definition created for the sole and exclusive purpose of undermining IHRA casts doubt on the administration’s ‘embrace’ of the same.”

Still, Michael Masters, national director and CEO of the Secure Community Network, said in a statement: “We are particularly encouraged by the White House’s commitment to increased nonprofit security grant funding, their call for additional funding to help communities beyond the current investment, and their interagency effort to improve information-sharing and hate crimes reporting.”

Roz Rothstein, co-founder and CEO StandWithUs, offered positive, though slightly tempered words. She said that “we are pleased that the administration recognizes the preeminence of the IHRA working definition in helping to identify and raise awareness about antisemitism. While we maintain our concerns that the reference to alternative definitions could create unnecessary confusion, we are hopeful that the administration’s embrace of the IHRA definition will be evident in the implementation of the overall plan.”

The Conference of Presidents of Major American Jewish Organizations also focused on the IHRA definition’s inclusion and reacted positively. It released a response from chair Dianne Lob and CEO William Daroff: “We wholeheartedly applaud the Biden administration’s continuing embrace of the International Holocaust Remembrance Alliance (IHRA) definition of antisemitism, which is the most universally accepted definition of antisemitism. … The Conference of Presidents will continue to champion the IHRA definition as a crucial framework for identifying and addressing antisemitism.”

‘Whole of government’ approach

Mark Mellman, president and CEO of Democratic Majority for Israel, offered a similar optimistic sentiment. He said “early on, the Biden-Harris administration ‘enthusiastically embrace[d]’ the International Holocaust Remembrance Alliance’s (IHRA) working definition of antisemitism and its examples, and has done so again today. Indeed, the IHRA definition is the only one embraced by the administration.”

The Union of Orthodox Jewish Congregations of America revealed in their statement that it provided “significant input” and that Nathan Diament, executive director for Public Policy, participated in meetings.

Diament said that the plan offered a “‘whole of government’ approach” that “is, unfortunately, what we need right now, given the reality of rising antisemitism in the United States.”

The Jewish Council for Public Affairs (JCPA) also put out a statement, noting that it had contributed to the plan as well: “We at JCPA are heartened by the release of this comprehensive strategy, and, in particular, we’re proud of our efforts to shape the strategy, which recognizes that Jewish safety is inextricably linked to the health of our democracy, and the rights and safety of so many other communities.”

Amy Spitalnick, the new CEO of JCPA, shared Diament’s sentiments. She said that “I’m heartened by the Biden administration’s ‘whole-of-government’ strategy, which at its core recognizes that combating antisemitism requires protecting and advancing our democracy and the fundamental rights and safety of all communities—just as those goals require confronting antisemitism.”

Anne Bayefsky, president of Human Rights Voices and director of the Touro Institute on Human Rights and the Holocaust, said that “the Biden/Rice administration has refused to define ‘antisemitism’ unequivocally so that there is something for everyone, antisemites and anti-antisemites alike. Here is a ‘counter antisemitism’ strategy that refers to ‘several definitions’ which ‘serve as valuable tools,’ including those that actually promote antisemitism.”

“The bottom line: The Biden administration move to combat antisemitism evidences a desire to split the baby, which works as little for Jews as it does for the baby,” she said.

Morton A. Klein, national president of the ZOA, was critical of Jewish groups that lauded the initiative. He said in a statement that it was “deeply troubling that the Conference of Presidents, AJC, ADL, OU and other groups praised President Biden for supposedly adopting the IHRA definition in the strategy … and failed to mention that the Biden strategy ‘welcomed and appreciated’ the harmful definitions that allow antisemitism masked as hatred of Israel and Zionist to continue, unabated.”

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Israel ravaged by over a 170 fires amid heatwave

Firefighters battled extreme weather conditions, with temperatures soaring to as high as 40°C (104°F) and reduced visibility due to dust and mist.

By World Israel News Staff

Israel was hit with an onslaught of wildfires on Saturday, with firefighters battling 176 blazes amid a scorching heatwave and strong winds.

The fires, which spread rapidly throughout the day, prompted the evacuation of hikers and residents in affected areas. One major inferno erupted in the Karmia nature reserve near the Gaza Strip, while two other large fires emerged in the cities of Acre and Har Turan in the north.

The Karmia nature reserve fire, fueled by dry vegetation, threatened nearby communities and required a joint effort from Keren Kayemet L’Israel (KKL-JNF) forestry teams and Israel’s Fire and Rescue Services to bring it under control.

משעות הבוקר התרחשו 71 אירועי שריפה בשטחים פתוחים.
הכוחות הקרקעיים וטייסת הכיבוי אלעד  פועלים בשעה זו לבלימת התפשטות האש במספר אירועי שריפה:
מחוז צפון-טורען, מחוז צפון -עילוט,מחוז דרום-קיבוץ  כרמיה,מחוז מרכז -בישוב צור משה סמוך לנתניה,מחוז חוף -כפר מזרעה pic.twitter.com/ud1nUnhWLG

— כבאות והצלה לישראל (@102_IL) May 27, 2023

Extreme weather conditions, with temperatures soaring to as high as 40°C (104°F) and reduced visibility due to dust and mist, made firefighting efforts even more challenging. Firefighting planes were deployed to extinguish fires near
near Kibbutz Kfar Etzion in Judea and Samaria.

In response to the adverse weather conditions, the Fire and Rescue Commissioner implemented a 24-hour ban on open-air fires from the morning, aiming to mitigate the risk of fires in parks, forests, and nature reserves. Authorities warned that the majority of forest fires in Israel are caused by human negligence.

השריפה ליד זיקים: לפי החשד, מטיילים שהתאמנו בירי כדורי צבע גרמו לדלקה | לידיעה המלאה >>> https://t.co/K3jsYCwGax@Itsik_zuarets (צילום: אמנון זיו) pic.twitter.com/MJ3csMzgVS

— כאן חדשות (@kann_news) May 27, 2023

As the fires raged across the country, other weather-related dangers emerged. Authorities cautioned about the potential for dangerous flash flooding, especially with rain forecasted in certain regions over the coming days. Police urged the public to avoid riverbeds and emphasized that attempting to drive across bodies of water over the next two days could be perilous.

Despite the ferocity of the fires and the disruption they caused, there were no reports of injuries. However, several vehicles were abandoned or caught fire as individuals hastily fled from the advancing flames.

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WATCH: German police launch probe into Roger Waters after he donned SS uniform, fired fake machine gun,

Waters fired an imitation machine gun while dressed in a long black coat with a red armband, prompting police to open an investigation into whether the scene constituted justification of Nazi rule.

By Associated Press and World Israel News Staff

Police in Berlin said Friday that they have opened an investigation of Roger Waters on suspicion of incitement over a costume the Pink Floyd co-founder wore when he performed in the German capital last week.

Images on social media showed Waters firing an imitation machine gun while dressed in a long black coat with a red armband. Police confirmed that an investigation was opened over suspicions that the context of the costume could constitute a glorification, justification or approval of Nazi rule and therefore a disturbance of the public peace.

Once the police investigation is concluded, the case will be handed to Berlin prosecutors, who would decide whether to pursue any charges.

Waters rejected the accusations in a statement early Saturday on Facebook and Instagram, saying that “the elements of my performance that have been questioned are quite clearly a statement in opposition to fascism, injustice, and bigotry in all its forms.”

He claimed that ”attempts to portray those elements as something else are disingenuous and politically motivated.”

Waters has drawn ire for his support of the BDS movement, which calls for boycotts and sanctions against Israel. He has rejected accusations of antisemitism.

During the same concert, Waters equated Israelis with Nazis by comparing famed Holocaust victim Anne Frank to Palestinian journalist Shireen Abu Akleh who was accidentally killed last year by the IDF during a counter-terror operation.

A huge screen behind him projected Frank’s name with the words: “Location – Bergen-Belsen, Germany; Crime – Being Jewish; Punishment – Death,” as well as Abu Akleh’s name, with the location being “Jenin, Palestine,” the crime noted as “being Palestinian,” and the same “punishment” as the teenager murdered in the German concentration camp.

Here is video footage of Roger Waters dressed in facist SS Nazi garb, shooting the machine gun at the show: pic.twitter.com/J3Nkz17Dme

— Ari Ingel (@OGAride) May 25, 2023

Authorities in Frankfurt tried to prevent a concert there scheduled for May 28, but Waters challenged that move successfully in a local court. In Munich, the city council said it had explored possibilities of banning a concert but concluded that it wasn’t legally possible to cancel a contract with the organizer. His appearance there on Sunday was accompanied by a protest attended by the local Jewish community’s leader.

Last year, the Polish city of Krakow canceled gigs by Waters because of his sympathetic stance toward Russia in its war against Ukraine.

Meanwhile, Germany’s antisemitism czar on Friday slammed Waters for wearing the SS uniform and shooting the machine gun.

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White House unveils first-ever government-wide strategy for countering Jew-hatred

The strategy includes 100 actions the administration will take “to raise awareness of antisemitism and its threat to American democracy, protect Jewish communities, reverse the normalization of antisemitism and build cross-community solidarity.”

By Mike Wagenheim, JNS

The administration of U.S. President Joe Biden unveiled its national strategy to counter antisemitism on Thursday, marking the first such whole-of-government approach to combating Jew-hatred in America.

“This U.S. national strategy to counter antisemitism is a historic step forward. It sends a clear and forceful message that in America evil will not win. Hate will not prevail,” Biden said in a pre-recorded statement during Thursday’s live-streamed rollout.

The strategy includes 100 actions the administration will take “to raise awareness of antisemitism and its threat to American democracy, protect Jewish communities, reverse the normalization of antisemitism and build cross-community solidarity,” according to a release from the White House.

The strategy is the culmination of months of work on an interagency task force that engaged with a wide range of American Jewish leaders and organizations.

Outgoing White House Domestic Policy Advisor Susan Rice, who helped author the strategy, said on Thursday that her parting request to all who were listening was “to do whatever you can in your communities, in your schools, your dorms, your houses of worship and your workplaces to counter antisemitism.”

JNS sources indicate that the widest dispute in the leadup to the plan’s release—and the one that generated the most public comment and lobbying—was how the Biden administration would define the word “antisemitism.” Mainstream Jewish groups had pushed for the White House to utilize the International Holocaust Remembrance Alliance’s (IHRA) working definition, while more progressive elements called for a different definition that would avoid mention of Israel, which they feel would allow more freedom to criticize the Jewish state in ways that go beyond just its policies.

Ultimately, the White House noted that the IHRA definition—written in part by the United States and adopted by the U.S. State Department—is “the most prominent,” is “non-legally binding” and the one “which the United States has embraced.”

It didn’t mark a full-on adoption of the definition, and the plan document noted that “the administration welcomes and appreciates the Nexus Document and notes other such efforts.”

‘Drivers of transnational violent extremism’

Further into the document, the administration made it a point to say that “Jewish students and educators are targeted for derision and exclusion on college campuses, often because of their real or perceived views about the State of Israel.”

It added that when “Jews are targeted because of their beliefs or their identity, when Israel is singled out because of anti-Jewish hatred, that is antisemitism. And that is unacceptable.”

The strategy noted Israel in multiple places, including a pledge to “combat antisemitism abroad and in international fora, including efforts to delegitimize the State of Israel.” It also aimed to reaffirm the administration’s “unshakeable commitment to the State of Israel’s right to exist, its legitimacy and its security” and the “deep historical, religious, cultural and other ties many American Jews and other Americans have to Israel.”

The strategy emphasizes increasing awareness and understanding of antisemitism, including its threat to America. To that end, the administration pledged that next year, the United States Holocaust Memorial Museum in Washington, D.C., is expected to launch the first-ever U.S.-based Holocaust-education research center, it said. The government will further “bolster research on antisemitism, its impact on American society, and its intersection with other forms of hate through funding opportunities, resources and outreach from several agencies.”

The administration said it would implement antisemitism education across federal agencies, including about workplace religious accommodations.

It also pledged to improve safety and security for Jewish communities through improved data collection and hate-crime reporting processes; Department of Homeland Security workshops on anti-Semitic violence; Department of Justice engagement with community-based groups; and National Security Council assistance to state and local agencies, including on prevention training.

The FBI and National Counterterrorism Center are also set to conduct a shareable annual threat assessment “on antisemitic drivers of transnational violent extremism.”

‘This epidemic of hate’

Second gentlemen Doug Emhoff—the Jewish husband of Vice President Kamala Harris—who has led the administration’s messaging on Jewish issues, said on Thursday that “antisemitism delivers simplistic, false and dangerous narratives that have led to extremists perpetrating deadly violence against Jews.”

He added: “I know the fear. I know the pain. I know the anger that Jews are living with because of this epidemic of hate.”

The plan also includes a section on reversing the normalization of antisemitism. The Department of Education is set to launch an antisemitism awareness campaign this year, including a letter to schools sent out on May 25, “reminding them of their legal obligation under Title VI of the Civil Rights Act of 1964 to address complaints of discrimination, including harassment, based on race, color, or national origin, including shared ancestry, such as Jewish ancestry, and ethnic characteristics.”

The strategy promotes visits by senior officials, partners and influencers to schools with the intention of helping to stamp out antisemitism, to highlight their efforts, as well as to assist “schools and (institutes of higher learning) that need help responding to an uptick in antisemitic activity.”

The Department of Agriculture will work to ensure equal access to all USDA feeding programs for USDA customers with kosher dietary needs.

While less actionable, the administration said it calls on Congress “to hold social-media platforms accountable for spreading hate-fueled violence, including antisemitism.”

Lastly, the strategy calls for the building of “cross-community solidarity and collective action.”

That includes the launching of the White House Office of Public Engagement’s “Ally Challenge,” which will invite Americans to “describe their acts of allyship with Jewish or other communities that are not their own.”

To these ends, the White House Office of Faith-Based and Neighborhood Partnerships will produce a solidarity toolkit to help religious communities counter antisemitism.

A number of external partners to the strategy were announced, including various professional sports leagues, the Religious Freedom & Business Foundation, the Asian American Foundation, the Sikh Coalition, the Council on American-Islamic Relations (CAIR) and others.

The strategy notes in a number of places that the administration intends to go beyond countering antisemitism and focus on other forms of hate as well.

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The Unelected Board Governing Puerto Rico Will Continue to Operate in Secret

The Supreme Court just ruled that the antidemocratic board overseeing Puerto Rico’s debt repayment and dictating its budget can continue to operate in secrecy. After 2019’s popular revolt, the board’s existence likely depends on it.

A protester holds a sign against the Puerto Rico Financial Oversight and Management Board during a demonstration in New York on September 30, 2016. (John Taggart / Bloomberg via Getty Images)

The US territory of Puerto Rico has been bankrupt since 2016 and subject to the antidemocratic Financial Oversight and Management Board (FOMB) put in place by Barack Obama’s administration. Touted during the 1950s and ’60s as a beacon of democracy and economic success whose inalterable “compact” with the United States had vanquished colonialism, the island is today largely governed by a few mainland board members and a New York federal judge who control Puerto Rico’s local government.

Still, many Puerto Ricans thought that they at least had a right to get information about what the FOMB was up to. Everyone loves transparency, after all — everyone, apparently, except the US Supreme Court. In its May 11 decision in Financial Oversight and Management Board for Puerto Rico v. Centro de Periodismo Investigativo, Inc., the court held that Puerto Ricans do not have the basic right to view the board’s records. It did so in an opinion written and joined by its liberal wing, including Justice Sonia Sotomayor and recent appointee Ketanji Brown Jackson.

Broken Promesas

Access to information about the FOMB is crucial for holding it accountable and resisting the neoliberal tide in Puerto Rico. The board was created in a bizarre law — known cynically as PROMESA, or “promise” — that allowed Congress to tell the president whom to appoint through candidate short lists.

Current members include corporate lawyers David A. Skeel, Jr and Arthur J. González, American Enterprise Institute resident scholar Andrew G. Biggs, New York education commissioner and University of the State of New York president Betty A. Rosa, and business executives Antonio Medina and Justin Peterson, the latter of whom is described indecorously on the board’s webpage as having “worked as a Republican political operative.” Its executive director is Robert F. Mujica Jr, known in New York as former governor Andrew Cuomo’s “budget guru,” who has a long history of working with and for Republicans.

None of these folks are from Puerto Rico or have significant professional links to the island, except Mr Medina. While these card-carrying members of the New York and DC establishment run Puerto Rico, the island’s elected governor remains a nonvoting member of the board.

In theory, the FOMB is supposed to represent Puerto Rico in its bankruptcy process before New York federal judge Laura Taylor Swain, which includes preparing a debt repayment plan and ensuring that Puerto Rico complies with it. But given the board members’ professional backgrounds and how they were appointed, many question whether they can really represent Puerto Rico.

Instead of urging Congress and Wall Street to invest in Puerto Rico’s economy so that it can eventually pay its debts, and rather than pursuing an aggressive litigation strategy that would include, for example, a legal audit of the debt, the board has pursued a program of privatization, pension-cutting, utility hikes, university budget pruning, and public union busting. This neoliberal strategy runs the risk of leading eventually to a second bankruptcy if Puerto Rico’s economy continues to see slow or negative growth.

Meanwhile, there’s the matter of the board’s exorbitant spending on salaries, legal fees, and contracts. Take Mujica. His salary went from roughly $216,186 as New York budget chief to $625,000 as FOMB’s executive director, a difference that, as a so-called budget guru, he can surely appreciate. Puerto Rico’s 2022–2023 budget puts the board’s cost at $59.5 million. That is over 10 percent of the $551.6 million allocation of the University of Puerto Rico, which had eleven campuses and almost fifty thousand students during the 2020–2021 academic year.

Further, because Puerto Rico’s government has to duplicate much of the FOMB’s work — for example, it has to prepare economic and budget analyses and hire lawyers and lobbyists — the actual cost of this bankruptcy process is much higher. In fact, the FOMB’s 2023 fiscal plan estimates the total costs from 2018 to 2026 at $1.6 billion, which is about $200 million per year. This means that each year of the bankruptcy process costs over a third of the island’s investment in higher education. Since Puerto Ricans pay these expenses, why are they not entitled to view the FOMB’s public records?

Anyone familiar with Puerto Rican politics will remember that access to information about public officials has been a matter of recent significance. In 2019, a mass protest movement drove Governor Ricardo Rosselló from office after a leaked chat showed the governor and his allies insulting just about everyone and plotting ruthlessly against their critics. So if anything might plausibly trigger a similar mass movement against the board, the disclosure of embarrassing information in its records would be high on that list.

If anything might plausibly trigger a mass movement against the FOMB, the disclosure of embarrassing information in its records would be high on that list.

At the very least, access to the board’s public records could confirm that the US government’s role has been larger and less pristine than we have been led to believe. In 2018, for example, it was revealed that the consulting firm McKinsey & Company worked extensively for the FOMB while one of its subsidiaries owned Puerto Rican government bonds — a slight problem since the board and bondholders are supposedly adverse parties.

It is also clear that some Republican senators and federal officials pushed to privatize Puerto Rico’s power company, which had the added benefit of destroying one of the island’s most militant and democratic labor unions. Just this March, the board and New York judge struck down an extremely modest labor law approved by the local legislature because, according to neoliberal ideology, any improvement at all in workers’ legal rights is bound to hurt the economy. Access to the FOMB’s public records would shed light on these issues.

Those records aren’t necessary, however, to recognize that the FOMB’s results over the past six years have been less than stellar. According to its own 2023 fiscal plan, if temporary federal funds are taken out of the equation, Puerto Rico’s inflation-adjusted GNP growth figures for 2017–2022 are dismal, even allowing for 2017’s Hurricane Maria and the COVID pandemic. Puerto Rico’s population in 2010 was 3.7 million; in 2022 it was estimated at 3.2 million — a decline of roughly 502,000 persons or 13.5 percent.

On the bright side, a law exempting newcomers from capital gains taxes has produced an influx of wealthy “Americans” who buy up real estate and often displace local residents. In February, Forbes magazine enthused about Puerto Rico’s most expensive real estate listing, a $45 million beachfront home with a modest (for the price) 5,611 square feet of construction. It would take a secretary at the University of Puerto Rico, who earns about $16,000 per year, 2,812 years to pay off a loan for this property, provided that it was interest-free and that they spent no money on food, clothes, health care, or anything else.

Sovereign or Not, Here They Come

It is in this context that the Supreme Court voted eight to one to shield the board from public scrutiny. In 2016, Puerto Rico’s Investigative Journalism Center (Centro de Periodismo Investigativo, or CPI) asked the board for a range of public documents, including contracts, member financial disclosures, and member communications with federal and local officials. CPI based its request on a provision in Puerto Rico’s constitution that requires access to public records. The board refused many of the documents. CPI sued and won its case in two federal courts.

But the Supreme Court came to the board’s rescue. In an opinion authored by Justice Elena Kagan and joined by Justices Sotomayor and Jackson along with the conservatives (save for Clarence Thomas), the court decided that no one may sue the board to obtain access to its public records. From now on, the board can not only do what it wants — it can do so in secret.

From now on, the board can not only do what it wants — it can do so in secret.

The court’s decision was remarkable for its lack of legal basis. The FOMB responded to the CPI’s lawsuit seeking public records by arguing that the board was protected under the doctrine of sovereign immunity. The FOMB is part of Puerto Rico’s local government according to the PROMESA law, and the Supreme Court held that Puerto Rico has no sovereignty in a case about the double-jeopardy rule in 2016. Since the board is part of a non-sovereign Puerto Rico, how can it claim the immunity of a sovereign? In other words, is a burger with no cheese a cheeseburger? This was the central question before the Supreme Court. The answer? Justice Kagan wrote that “we assume without deciding that Puerto Rico is immune from suit in federal district court, and that the Board partakes of that immunity.” That assumption provided the basis for the court to do what it wanted.

But it gets worse. The court’s rule-by-assumption move is not only flawed; it’s also one that Justice Kagan herself probably does not believe in. During the case’s oral argument in January, she described it as “a funny kind of posture” and “quite weird to me,” because “the assumption will essentially determine the disposition of the case.” Justice Neil Gorsuch added a technical but telling reason why it was “a particularly odd circumstance to assume” that the board enjoyed sovereign immunity: it’s a defense that the FOMB had the burden of proving. Yet he joined the majority opinion that Kagan wrote. On this matter, if not others, the only consistent justice was Clarence Thomas, the sole dissenter, who wrote that “because I would . . . hold that [the Board] lacks the only immunity it has ever asserted, I respectfully dissent.”

Not that one should have expected the Supreme Court in 2023 to be a friendly place for arguments about holding elites to public scrutiny. Justice Thomas has been embarrassed by too many recent scandals to recount. Justice John Roberts’s wife is an elite legal recruiter who has solicited and placed clients with law firms working before the court. Justice Neil Gorsuch failed to disclose that the person to whom he sold a property nine days after his confirmation was the CEO of such a law firm.

The court has also been increasingly using its shadow docket — the power to issue emergency or procedural rulings without arguments, opinions, or clear votes — to decide important matters. It stands to reason that a court acting increasingly in the shadows, yet beset by one public scandal after another, would look unfavorably upon a small Puerto Rican outfit trying to hold the mighty FOMB — stacked with executives, corporate lawyers, and politicos from New York and DC — accountable.

On Puerto Rico, the Supreme Court Consistently Dissents

What does not stand to reason is the batch of Supreme Court decisions that have undermined Puerto Rican self-government — such as it was — since its bankruptcy began.

It all started in 2014, when Puerto Rico approved its own public bankruptcy law. Then, in 2016, the court said in Puerto Rico v. Sanchez Valle that Puerto Rico had no sovereignty, because “back of the Puerto Rican people and their Constitution, the ‘ultimate’ source of prosecutorial power remains the US Congress, just as back of a city’s charter lies a state government.” That helped explain its decision a few days later that Puerto Rico could not approve its own bankruptcy law (Puerto Rico v. Franklin California Tax-Free Trust). Then, in 2022, US v. Vaello Madero gave its blessing to the Obama administration’s defense of a cruel lawsuit against a newly arrived New Yorker to take back his Social Security disability benefits.

But the first bee in the legal bonnet came in 2020, when the Supreme Court had to explain why the seven FOMB members appointed by Congress to govern Puerto Rico did not require Senate confirmation, which even Puerto Rico’s governors used to require. In response, the court came up with a theory about how federally appointed officers whose jobs are sufficiently local rather than federal do not need Senate confirmation (FOMB for Puerto Rico v. Aurelius Investment). Then the bees really began to sting when the CPI’s case made it clear that, if Puerto Rico lacks sovereignty and is somehow not federal, then the FOMB’s records should be public and not protected by sovereign immunity. Presumably unable to agree on how to square this circle, the court just said, “Let’s assume it’s a square.”

Also telling is the fact that in three of these decisions, the Supreme Court stepped in to correct what the lower courts had done. FOMB members did in fact require Senate confirmation, according to the appeals court in the Aurelius Investment case. All the judges who heard Vaello Madero’s case said that he did not have to give back his benefits. All the lower courts in the CPI’s case said that it was entitled to the public records. If the Supreme Court was not keenly interested in protecting the FOMB, and if it had succeeded in clearly stating what the law is, then these constant interventions would have been unnecessary.

Of course, anyone can flex their lawyer chops by explaining the Supreme Court’s twists and turns with a just-so story about how specific laws or precedents required the result in each case. But a simpler explanation is available. The court has been making sure that Puerto Rico’s bankruptcy is handled not by Puerto Rican judges under Puerto Rican law but by a specially chosen board and federal judge who wield complete power and are geographically and ideologically closer to Wall Street than Old San Juan.

Old Problems, New Opportunities

The fact that Puerto Ricans now lack any legal means of gaining access to the board’s public records is a serious blow to the fight against colonialism and neoliberalism. It is also a lesson in how liberal and progressive politicians and jurists often have no real solidarity with colonized people or commitment to democratic principles, but simply invoke them to suit their own ends. This is not a new lesson for Puerto Rico. During the 1930s, for example, it was Franklin D. Roosevelt’s administration that repressed Puerto Rico’s nationalist movement with excessive and unscrupulous force. Today, liberal members of the US political and legal establishment lend their support to a secretive dictatorship.

The May decision also reaffirms the futility of looking to the Supreme Court for social change. When elite institutions, powerful economic interests, or statist legal doctrines like “sovereign immunity” come under fire, the court will do everything in its power to put down the threat.

Yet things may be changing in Puerto Rico. For eighty years, two political parties dominated the island’s politics: the Partido Popular Democrático and the Partido Nuevo Progresista. Both are centrist parties committed to neoliberal policies and beset by constant corruption scandals. Until 2020, their candidates for governor often split around 95 percent of the vote. In the 2020 elections, however, they split 65 percent of the vote. The difference went to a new progressive political party, the Movimiento Victoria Ciudadana; to Puerto Rico’s historic pro-independence party, the Partido Independentista Puertorriqueño; and to a right-wing party, Proyecto Dignidad. Hence the FOMB may be helping to provoke a political realignment with real opportunities — but also dangers — for Puerto Rico in the years to come.

Long Before Daniel Penny Killed Jordan Neely, There Was Death Wish

It’s been nearly 50 years since Charles Bronson first mowed down New York muggers in Death Wish. But defenses of the recent killing of Jordan Neely suggest that the film’s reactionary, Wild West–style vigilante violence still holds the imagination of many.

Paul Kersey (Charles Bronson) pointing a gun in the 1974 film Death Wish. (High-Def Digest / YouTube)

The New York City subway killing of Jordan Neely by ex-Marine Daniel Penny has stirred up heated commentary across the political spectrum. One common denominator in the discourse has been a frequent tendency to reach for a comparison to the notorious 1974 film Death Wish, a neo-noir film starring Charles Bronson as an affluent New York City dweller whose family is attacked in a violent home invasion. In the aftermath, he becomes a vengeful vigilante prowling the streets at night hoping to attract muggers — so he can shoot them. The subway scene in which he shoots two would-be robbers who approach him threateningly, and is acclaimed by the public for it, achieved added notoriety when the scenario was eerily carried out in real life.

In 1984, Bernhard Goetz shot four black teenagers on the subway whom he claimed tried to rob him. Goetz was dubbed “the Subway Vigilante” by the New York press and ultimately tried on multiple charges, including attempted murder. But he was convicted of only the most minor charge of carrying an unlicensed firearm.

The shooting and trial ignited a volatile public debate between those claiming Goetz as an urban hero fighting the forces of darkness in an increasingly crime-ridden New York, and those appalled by how self-appointed vigilantes, especially when they’re white and attempting to execute people of color, are applauded by the public and let off lightly by the criminal justice system. It’s nauseating reading the accounts of the Goetz case, because there are such marked similarities to the Daniel Penny case — especially in the public commentary afterward.

The New York Post op-ed by Rich Lowry, titled “Daniel Penny is NOT a Vigilante, But the Left Can’t Stop Pretending,” typifies much of such commentary. He begins with Death Wish:

Pretty much everything you need to know about the Daniel Penny case you can learn from the “Death Wish” movies.

Or so you might conclude if you took seriously the left’s analysis of the tragic incident in a New York City subway car this month that has led to Penny, a former Marine, getting charged with second-degree manslaughter.

The upshot of this commentary is that conservatives favor “vigilantism” and support it, of course, because it’s a bulwark of white supremacy.

“The Republican Embrace of Vigilantism Is No Accident,” according to New York Times columnist Jamelle Bouie.

Lowry goes on to cite a series of op-eds and think pieces making supposedly left-wing accusations of right-wing tendencies to support vigilantism. He then argues that Penny can’t be a vigilante, relying on a dictionary definition of the word, as if he were a desperate undergraduate the night before a paper is due: “Merriam-Webster defines a vigilante as ‘a member of a volunteer committee organized to suppress and punish crime summarily (as when the processes of law are viewed as inadequate).’”

Lowry promptly invalidates the point by conceding that there can be “loner vigilantes” too. But in his view, the term still applies only in a Death Wish scenario, when someone like the Charles Bronson character is deliberately stalking local malefactors, trying to get himself almost-mugged so he can shoot someone. Lowry then makes his main claim:

By contrast, conservatives are, as a general matter, viewing Penny as a defender of himself and, most importantly, those around him — not an avenging angel administering the justice that Manhattan District Attorney Alvin Bragg refuses to.

Indications are that Penny (and his fellow passengers) sincerely believed Jordan Neely, suffering from untreated mental illness, was a threat to people on the train.

There’s still much we need to know about the particulars of the case, but the impulse to protect others is deeply admirable and rare.

Anyone who’s watched Westerns or action films could tell Lowry about vigilantism, which involves a self-appointed guardian or guardians of the public welfare acting like judge, jury, and executioner in meting out sloppy individual notions of justice — generally very rough, often fatal types of “frontier justice” — without due process under the law as defined by the Fourteenth Amendment.

In short, little Richie Lowry really needs to put some more thought into defining his terms and rebutting implied counterarguments when writing essays. Grade: D-.

All of which makes it interesting to go back and watch Death Wish, which remains so disturbingly pertinent. If you’ve seen it, you may not remember it as well as you think you do, as the cultural memory of the film is skewed by its notorious context. It touched a cultural nerve and was embraced by the kind of angry “silent majority” that’s never actually silent in the United States, and its popularity led to four hit sequels.

A poster for Michael Winner’s 1974 vigilante thriller Death Wish, starring Charles Bronson. (Silver Screen Collection / Getty Images)

The first Death Wish is an odd film, one of a number of films that reflected the United States’ rough political transition from a period of gains on the political left starting in the post-WWII era, culminating in the radical demands for change and countercultural turmoil of the 1960s and early 1970s, through the political malaise and stagnation of the mid-to-late 1970s, to the right-wing Reagan Revolution of the 1980s. In certain scenes, Death Wish actually signals a surprising awareness of how readily smug left-liberalism, entrenched in its societal gains and cultural mores but cut off from any socialist principles or serious critique of the political status quo, swings rightward under pressure toward fascism, expressed as violent, generally racist fantasies of “cleansing” a corrupt population by force.

There’s good reason not to remember the film’s more compelling ambiguities, since its other lurid elements — such as manifest hatred of the poor and racist dog whistles — draw all the attention.

It’s the story of how mild-mannered architect Paul Kersey (Charles Bronson) goes from being a “bleeding-heart liberal” to a crazy-eyed vigilante after his family is brutalized by thugs. His wife Joanna (Hope Lange) dies as a result of the attack, and his daughter Carol (Kathleen Tolan) is gang-raped and so traumatized she has to be institutionalized. Soon afterward, Kersey is using the nighttime urban scene in New York City as a hunting ground, tracking malefactors, mainly unwary muggers, whom he shoots to kill.

Several of the would-be robbers Kersey shoots are black. But regardless of race, they all approach him in states of excessive, sneering villainy and unambiguous threat, generally pulling out knives and waving them in his face. There’s no indication, through editing or cinematography, that this is the subjective vision of Kersey, deranged by the horror of his family’s experience. It’s clear that these are essentially bad people acting out of evil impulses because they enjoy it, not because they might desperately need the money they always demand with demeaning curses.

The three men who commit the home invasion are white (startlingly, one of them is portrayed by the very young and still unknown Jeff Goldblum), but they’re the most cartoonishly villainous of all, exuding a kind of giggling depravity and love of violent chaos that ignites the protagonist’s determination that such people be put down like rabid dogs for the good of society.

Which is the attitude expressed earlier by Kersey’s business partner (William Redfield), a fat cat in a business suit who makes a Taxi Driverstyle argument that approximates the wish for a cleansing rain — or perhaps a hail of bullets — to wash all the scum off the streets. New York City is being made unpleasant for the rich and respectable, because they share the streets with the increasingly poor and desperate, which means the poor and desperate must be erased: “I say, stick them in concentration camps.”

This is unusually bold, forthright fascism. Usually, in real-life public commentary, such statements vaguely indicate that people like Jordan Neely, who are homeless and mentally ill and shout about their misery and appear threatening to people, need to be removed from public life somehow. How often have we heard this line of talk in real life? Tech employees in the Bay Area, for example, made the news regularly for a while, demanding that the homeless be “somehow” removed from their sight while they commuted to and from work at Apple or Google or Yahoo.

In real-life public commentary, such statements vaguely indicate that people like Jordan Neely, who are homeless and mentally ill and shout about their misery and appear threatening to people, need to be removed from public life somehow.

In response to his colleague’s insane rant, Kersey makes a vague, rote, half-hearted mention of his sympathy for the “underprivileged.” We’re clearly supposed to recognize the troubling weakness of his response. The early scenes of the film all indicate that Kersey, happy and successful as he is, is straining at the confinement of “civilization” and wants to break out in some way. We first meet him on vacation in Hawaii with his wife. When he proposes sex on the deserted beach instead of waiting to go back to the hotel room, she objects mildly: “We’re too civilized.”

Paul Kersey (Charles Bronson) turning around to attack a mugger in Death Wish. (High-Def Digest / YouTube)

“We’re too civilized” is meant to resonate thematically throughout the film as a critique of American society, referring to the idea that the solid bourgeoisie allows itself to be terrorized by the raging criminal underclass out of brainwashed liberal guilt. But is it just Kersey’s fast conversion to this idea that we’re watching, or the film’s overarching argument?

There’s plausible deniability built into the film at certain points — the final image, especially, which shows Kersey arriving at Chicago’s O’Hare Airport, having left behind “that toilet,” which is how his Arizonan colleague describes New York. He watches a couple of teenage boys harassing a girl and points his finger in the shape of a gun, making the “pow, pow” sign at their backs as they run off. The film freezes on that image, capturing the insane look in Kersey’s eyes and showing that he’s going to continue his lone vigilante killing spree.

Brian Garfield, the author of the original 1972 novel Death Wish, hated the adaptation:

The point of the novel Death Wish is that vigilantism is an attractive fantasy but it only makes things worse in reality. By the end of the novel, the character (Paul) is gunning down unarmed teenagers because he doesn’t like their looks. The story is about an ordinary guy who descends into madness.

According to Garfield, the admired actor Jack Lemmon was initially slated to play the lead role, with Sidney Lumet directing rather than Michael Winner, which gives some idea of how differently the adaptation might have turned out. Once Charles Bronson was set to star, the shift from thoughtful drama toward brutal neo-noir action film was set.

Garfield so disapproved of the eventual film, he did “penance” by writing a 1975 sequel underscoring his own critique of vigilantism called Death Sentence. Meanwhile, the four increasingly violent and successful sequels to Death Wish, all vehicles for Bronson, rocked on.

Making Kersey look like a menace to society at the end of the film is interesting, especially in terms of the ignoble way he’s shooting at retreating backs, something we’ve seen him do several times when using a real gun to finish off wounded robbers running away. It’s something no classic Western hero would ever do, because “honor” supposedly defined all his actions. The film contains a thoroughly developed Western theme, evoking a genre known for celebrating vigilantism and “frontier justice.”

On a business trip to Tucson, Arizona, Kersey is brought to a fake-Western town, maintained for tourists and occasional Hollywood filmmaking, and gets strangely caught up in watching the actor playing the heroic sheriff gun down bank robbers who are shooting up the town. His colleague and host during the business trip is a gun enthusiast who celebrates how freely people like them move around in the world, carrying guns that supposedly guarantee their safety from outlaws and evildoers. And it’s revealed that Kersey was raised with guns, attaining almost sharpshooter abilities growing up, before his father was killed in a hunting accident and his mother banned all guns from the house. Kersey also mentions that he was a conscientious objector in the Korean War and served as a medic. His colleague’s response: “You’re probably one of them knee-jerk liberals, thinks us gun boys shoot our guns because it’s an extension of our penises.”

Returning to the world of guns seems to revive his father’s frontier-style legacy, which had been interrupted by his mother’s presumably weak, “too civilized” fears. It also places Kersey back within Hollywood Western mythologizing, where it seems he longs to be.

This mythologizing was accepted by many Americans as close enough to the nation’s actual history, which Hollywood studios encouraged. The harsh revisionist Westerns of the 1960s and early ’70s, aiming at greater authenticity about the inglorious vigilante violence, robber baron capitalism, cynical land grabs, racism, misogyny, and drug use that were widespread in the actual Old West, came as a rude shock to fans and all but killed off the genre.

That Kersey develops an idea of himself as the Western hero is clear when he challenges the last mugger he encounters, who’s succeeded in wounding him, to “draw,” as if he were starring in Shane. It’s another of the film’s ambiguous scenes emphasizing Kersey’s mental collapse, and in this case also satirizing his inability to live up to his own heroic image of himself, especially when he faints from loss of blood.

In the end, Kersey the anonymous vigilante has gotten so popular with the public, the police don’t dare arrest him, though they know he’s the killer. They’re trying to avoid making public Kersey’s success in reducing the number of street crimes, which might unleash an epidemic of vigilantism. Kersey’s given the option to avoid arrest by relocating, and he’s told by the police officer heading up the case to get out of town. Kersey echoes a phrase used by lawmen in Westerns, asking, “You mean get out before sundown?”

The persistence of the inflammatory discourse around vigilante violence in the United States, whether it revolves around actual events in the world or fictionalized representations, indicates strongly that many Americans, like the Paul Kersey character, are still enamored of the vigilante justice celebrated in old Westerns. The belief is widespread that we live in an ever-degenerating society, a “jungle,” beset by vicious “animals” and mobs of rampaging savages that can only be quelled by a lone “hero” ever prepared to shoot and claim self-defense and defense of others, no matter what the actual circumstances. Outraged and outrageous commentary cheering on Paul Kersey and Bernhard Goetz and Daniel Penny all blurs together, making it terrifying to contemplate who’s going to be the next Jordan Neely, whose publicly distraught state should have brought him offers of help but got him murdered instead.

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